ALLAHABAD: The Allahabad High Court on Thursday disregarded a writ petition challenging the order of state govt, whereby it had refused to grant sanction to prosecute leader minister Yogi Adityanath in connection with Gorakhpur riots case of 2007. The petition also said that the probe be handed over to an unbiased agency.
Yogi Adityanath, the then MP of Gorakhpur, is one of the accused in the case.
Dismissing the petition filed through Parvez Parwaz and Asad Hayat, a department bench comprising Justice Krishna Murari and Justice Akhilesh Chandra Sharma noticed, “The courtroom does no longer find any procedural irregularity in the order of refusal to grant sanction to prosecute the accused in this case. Further, no error in the investigation has been found. Hence, no interference of the top courtroom is called for under Article 226 of the Constitution (writ jurisdiction).
Earlier, after hearing counsel for the petitioner and state counsels at duration, the courtroom had reserved its judgment on December 18, 2017.
In the writ petition filed through, a request was once made to direct an investigation through an unbiased agency into the FIR registered in 2008 in Gorakhpur against Yogi and 3 others.
While the first petitioner, Parwaz, filed the FIR in this case, the other petitioner, Hayat, is a witness to the decade-old incident.
The petitioners’ plea was once that one can't be a pass judgement on in his personal case. However, ignoring this criminal level, the state govt had on May 3, 2017, refused to grant sanction to prosecute the chief minister in the case. Further, the forensic lab record stating that the CD containing the alleged hate speech in the case was once doctored is fake and fabricated.
At one level, the courtroom had asked whether a judicial Justice of the Peace could proceed with a tribulation after the state govt declined to grant sanction to prosecute the accused persons in the case.
In the FIR filed at Cantonment police station of Gorakhpur, it was once alleged that Yogi, the then mayor of Gorakhpur, Anju Chaudhri, then MLA Radha Mohan Agarwal and another person had incited communal violence and riots in Gorakhpur.
Yogi Adityanath, the then MP of Gorakhpur, is one of the accused in the case.
Dismissing the petition filed through Parvez Parwaz and Asad Hayat, a department bench comprising Justice Krishna Murari and Justice Akhilesh Chandra Sharma noticed, “The courtroom does no longer find any procedural irregularity in the order of refusal to grant sanction to prosecute the accused in this case. Further, no error in the investigation has been found. Hence, no interference of the top courtroom is called for under Article 226 of the Constitution (writ jurisdiction).
Earlier, after hearing counsel for the petitioner and state counsels at duration, the courtroom had reserved its judgment on December 18, 2017.
In the writ petition filed through, a request was once made to direct an investigation through an unbiased agency into the FIR registered in 2008 in Gorakhpur against Yogi and 3 others.
While the first petitioner, Parwaz, filed the FIR in this case, the other petitioner, Hayat, is a witness to the decade-old incident.
The petitioners’ plea was once that one can't be a pass judgement on in his personal case. However, ignoring this criminal level, the state govt had on May 3, 2017, refused to grant sanction to prosecute the chief minister in the case. Further, the forensic lab record stating that the CD containing the alleged hate speech in the case was once doctored is fake and fabricated.
At one level, the courtroom had asked whether a judicial Justice of the Peace could proceed with a tribulation after the state govt declined to grant sanction to prosecute the accused persons in the case.
In the FIR filed at Cantonment police station of Gorakhpur, it was once alleged that Yogi, the then mayor of Gorakhpur, Anju Chaudhri, then MLA Radha Mohan Agarwal and another person had incited communal violence and riots in Gorakhpur.
Gorakhpur riots: HC dismisses writ petition seeking prosecution of Yogi Adityanath
![Gorakhpur riots: HC dismisses writ petition seeking prosecution of Yogi Adityanath]()
Reviewed by Kailash
on
February 23, 2018
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